Updated to reflect the removal of the 12-week period for automatic protection from unfair dismissal for taking part in industrial action. Under Employment Rights Act 2025 provisions in force from 18 February 2026, relevant dismissals will be automatically unfair no matter how long a strike lasts.
This guide summarises the implications for both employers and employees of industrial action, including when employers can seek an injunction to prevent industrial action and when employees have protection against unfair dismissal for taking part in industrial action.
In Secretary of State for Business and Trade v Mercer, the Supreme Court held that s.146 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A) is incompatible with art.11 as it does not protect workers against detriment for participating in industrial action.